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Murder

Murder, Manslaughter, Vehicular Manslaughter

If you have been charged in Maryland or Washington D.C. with First Degree Murder, Second Degree Murder, Depraved Heart Murder Voluntary Manslaughter, or Involuntary Manslaughter, you face very serious penalties including long-term incarceration. You need an experienced Murder and Homicide Defense Attorney to implement your defense strategy as soon as possible.

Case preparation and investigation is essential to success!

Our firm is capable of representing clients charged with murder, manslaughter, and vehicular homicide in Washington D.C. and Maryland: Montgomery County, Prince George’s County, Charles County, Ann Arundel County, Allegany County, Baltimore County, Howard County, Frederick County, Washington County, and St. Mary’s County, as well as all other counties in Maryland.

Vehicular Manslaughter Crimes

Homicide by Motor Vehicle

Felony
Maximum Penalty: 10 years and/or $5,000 fine
Md. Crim. Law Sec. 2-209(b): Manslaughter by Motor Vehicle » (click for pdf)

In order to convict the defendant of manslaughter by motor vehicle (Vehicular Manslaughter), the State must prove:

  1. that the defendant drove, operated, or moved a motor vehicle;

  2. that the defendant acted in a grossly negligent manner, that is, in a manner that created a high degree of risk to human life; and

  3. that this grossly negligent conduct caused the death of the victim

Homicide by Motor Vehicle While Under the Influence of Alcohol

Felony
Maximum Penalty: 5 years and/or $5,000 fine
Md. Crim. Law Sec. 2-503(a): Homicide by Motor Veh.-Under the Influence » (click for pdf)

In order to convict the defendant of Homicide by Motor Vehicle While Under the Influence of Alcohol (Vehicular Manslaughter Under the Influence), the State must prove:

  1. that the defendant drove, operated, or moved a motor vehicle;

  2. that the defendant acted in a negligent manner;

  3. that this negligent conduct caused the death of the victim; and

  4. that at the time of the accident, the defendant was under the influence of alcohol, or under the influence of alcohol per se

Homicide by Motor Vehicle While Impaired by Drugs or Alcohol

Felony
Maximum Penalty: 3 years and/or $5,000 fine
Md. Crim. Law Sec. 2-504(a): Homicide by Motor Veh.-Impaired (Alcohol) » (click for pdf)
Md. Crim. Law Sec. 2-505(a): Homicide by Motor Veh.-Impaired (Drugs) » (click for pdf)

In order to convict the defendant of Homicide by Motor Vehicle While Under the Influence of Alcohol (Vehicular Manslaughter Under the Influence), the State must prove:

  1. that the defendant drove, operated, or moved a motor vehicle;

  2. that the defendant acted in a negligent manner;

  3. that this negligent conduct caused the death of the victim; and

  4. that at the time of the accident, the defendant was so impaired by a drug or alcohol, or combination thereof, that the defendant could not drive, operate, or control a motor vehicle safely

First Degree Murder

Felony
Mandatory Penalty: LIFE
Md. Crim. Law Sec. 2-201(a): First Degree Murder

First Degree Murder is the intentional killing of another person in willfulness, deliberation, and premeditation. In order to convict the defendant of the State must prove:

  1. that the conduct of the defendant caused the death;

  2. the the killing was willful, deliberate, and premeditated; and

  3. that there were no mitigating circumstances

  • Willful: the defendant actually intended to kill the victim
  • Deliberate: the defendant was conscious of the intent to kill
  • Premeditated: the defendant thought about the killing, and there was enough time, though it may have only have been brief, for the defendant to consider the decision whether or not to kill, and to consider the reasons for and against the choice to kill

Second Degree Murder

Felony
Maximum Penalty: 30 Years
Md. Crim. Law Sec. 2-204(a): Second Degree Murder

Second Degree Murder is the killing of another person with either the intent to kill or the intent to inflict such serious bodily harm that death would be the likely result. Second degree murder does not require premeditation or deliberation. In order to convict the defendant, the State must prove:

  1. that the conduct of the defendant caused the death;

  2. that the defendant engaged in the deadly conduct either with the intent to kill, or with the intent to inflict such serious bodily harm that death would likely be the result; and

  3. that there were no mitigating circumstances

Voluntary Manslaughter

Felony
Maximum Penalty: 10 Years
Md. Crim. Law Sec. 2-207: Voluntary Manslaughter

Voluntary Manslaughter is an intentional killing, which would be murder, but is not murder because the defendant acted in hot blooded response to legally adequate provocation.

This does not result in a verdict of not guilty, but reduces the level of guilt from Murder to Manslaughter. In order to convict the defendant, the State must prove that the defendant did not act in hot blooded response to legally adequate provocation by showing that at least one one the following factors is not present:

  1. The defendant actually became enraged;

  2. The rage was cause by something the law recognizes as legally adequate, that is, something that would cause a reasonable person to become enraged enough to kill or inflict serious bodily harm;

  3. The defendant was still enraged when he/she killed the victim, that is, the defendant’s rage had not “cooled” by the time of the killing;

  4. The was not enough time between provocation and the killing for a reasonable person’s rage to cool;

  5. The victim was the person who provoked the rage

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Innocent Man Found Not Guilty of Murder After Trial
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Jeremy Arias of Gazette.Net, Maryland Community News, covered the week long case of Maryland vs Mr. Price.

The verdict was handed down after about five hours of deliberation. In the decision, the jury acquitted Price, 51, of first- and second-degree murder, manslaughter and a handgun offense in the May 5 shooting and killing of his 23-year-old son. LISTEN TO THE ACTUAL JURY VERDICT

Tears poured down Price’s face as he shook hands with several departing jurors, thanking them profusely before turning to Kupferberg and giving him a hug. “Thank you, Mr. Kupferberg,” he said, his voice heavy with emotion. “Thank you.”

Assistant State’s Attorneys Jeffrey Wennar and Teresa Casafranca portrayed Price as the aggressor in a confrontation in the elder Price’s apartment May 5. Kupferberg said Price was the victim in a struggle with his son, who Kupferberg said beat him and choked him at one point before Price retrieved his gun from a back bedroom as a last resort, shooting Matthew only after the younger man threatened to kill him and lunged at him, Kupferberg said.

After the verdict, Ramon Korionoff, the state’s attorney’s office spokesman, released this statement: “Shooting your own son to death is a tragedy no matter how you look at it and seemingly, the jury might have felt it was punishment enough for the father to deal with his own conscience for the rest of his life at the death of his one-and-only, Matthew. We accept the jury’s verdict but respectfully disagree with it.”

A juror, Tom Rushton, disagreed and wrote to Jeremy Arias of Gazette.Net in an email that the jury’s mindset during the five hours of deliberations was strictly based on the legal facts of the case and the evidence presented.

“The decision was legal and not sentimental. Not once in the deliberation process was this concept ever put forward (referring to Korionoff’s statement).The jury was thorough, considerate and freely discussed all sides of the evidence.”

In the end, the jurors agreed that the state failed to prove Mr. Price’s guilt beyond a reasonable doubt with regard to self defense.

Tom Rushton